CELEBRATE INDEPENDENCE DAY ON AUGUST 15TH 2014
Tricolor is the symbol of our freedom, of our self-respect, of sacrifices & martyrdoms. Let us pay homage to the great leaders, known and unknown people and martyrs of our nation who sacrificed their life for our freedom. Let us celebrat
2011-CENSUS - RECLASSIFICATION OF CITIES/TOWNS GRANT OF HIGHER RATE OF HRA/TRANSPORT ALLOWANCE FINANCE MINISTRY'S REPLY TO SECRETARY GENERAL CONFEDERATION
IMPORTANT CAT JUDGEMENT
DECLINING REGULAR PROMOTION BEFORE THE DATE OF IMPLEMENTATION OF ACP OR MACP SCHEME SHOULD NOT BE A BAR FOR GRANTING ACP/MACP
Refusal to accept promotion, earlier to 09.08.1999 when the ACP scheme was promulgated, does not make an employee ineligible for grant of first financial benefits under ACP scheme when the scheme came into force only on 09.08.1999
Facts: The Applicant (who was appointed on 08.03.1980), while working as Radio Mechanic in India Meteorological Department refused his promotion due to family circumstances, when his promotion order was issued on 30.07.1998.
The Assured career Progression Scheme came into force on 09.08.1999. The Applicant having completed 12 years of service and stagnating in the same post of Radio Mechanic was rejected for the financial benefit of ACP on the ground that he refused his promotion when offered on 30.07.1998 earlier to the introduction of ACP scheme on 09.08.1999.
Modified Assured Career Progression Scheme (MACP) was introduced for financial upgradation on 19.05.2009. As per this scheme, an employee will be entitled for three financial upgradation after completion of 10, 20 and 30 years of continuance of service. The Applicant became eligible for 1st ACP in 2000 and 2nd MACP in 2010. The grievance of the Applicant is that, he was denied 1st ACP and 2nd MACP. Hence he filed this OA challenging the Office Orders 10/11-12-2008 and 20-9-2010 whereby he was denied the financial upgradation.
The Respondents state that he refused promotion issued by Order dated 30.07.1998. In terms of DoP&T O. M. No. 35034/1/1997 Establishment (D) (Vol. IV), dated 18.07.2001, the Applicant cannot be said to stagnate in the same post. Hence the 1st ACP benefits was refused. The Applicant annexed the judgement of Bombay Bench of the Tribunal as appeared in Swamynews of July, 2008.
The Bombay Bench of the CAT held that “If an employee has refused the promotion before the enforcement of ACP Scheme, the facts would remain that he has actually not been given any financial upgradation which he could have been before regular promotion. He remains on the scale of pay still stagnated”. In view of this clarification, the clarification of Respondents cannot be accepted. Ernakulam Bench of CAT in OA No. 768 of 2005 considered condition No. 10 makes it amply clear that if an employee is accepting ACP benefit, he is deemed to have given unqualified acceptance for regular promotion on occurrence of vacancy subsequently”. That precludes factoring of past refusal while given ACP benefit.
In view of the above, refusals of promotion earlier to 9-8-1999, has no effect on the grant of financial benefit under ACP scheme. Hence, the clarification given no Doubt No. 38 by DoP&T cannot be accepted in this case as the Applicant herein refused promotion earlier to the coming of ACP Scheme. In that view, refusal of grant of 2nd financial upgradation under MACP scheme amount to punishing him for the second time. Hence, the eligibility of benefits under ACP scheme has to be recknoned on the actual date namely 9-8-1999. Hence declaining promotion earlier to 9-8-1999 is no reason to deny the first ACP introduced on 9-8-1999. Hence, a direction was given to Respondents to grant the Applicants benefits under the ACP scheme irrespective of the fact of their refusal of promotion earlier to 9-8-1999. Time given for implementation was 6 weeks.
In view of the above, same relief given by Bombay Bench is to be followed in this case also.
In the result, the impugned Order, dated 10/11-12-2008 and 20-9-2010 are set aside. The Respondents are directed to grant financial benefits under the ACP scheme to the Applicant in 12 weeks from the date of receipt of this order.
This the OA stands allowed.
(Shri. Ganesh Bhavrao Shrote v. Secretary, Ministry of Earth Sciences Mausam Bhavan, New Delhi, New Delhi, 8/2014, SwamynewS 98, (Bombay), date of judgement 5-8-2013)
NB: Reproduced from Swamy’s News August 2014-Tribunal Judgements
COM. JANARDAN MAJUMDAR’S (CIRCLE SECRETARY, P3, WEST BENGAL) FATHER EXPIRED
Shri Nepal Chandra Majumdar (85), father of Com. Janardan Majumdar, Circle Secretary, AIPEU Group ‘C’ , West Bengal Circle expired on 11th August night. NFPE conveys its heartfelt condolence to the bereaved family.
Government considering amendments to Minimum Wages Act
New Delhi: The government is considering a proposal to amend the Minimum Wages Act 1948, the Lok Sabha was informed on August 11. "The proposal to amend the Minimum Wages Act 1948 is under consideration," Labour and Employment Minister Narendra Singh Tomar told the Lok Sabha in a written reply. Under the provisions of Minimum Wages Act 1948, both central and state governments are appropriate governments to fix, review and revise mimimum wages of workers employed in the scheduled employment under their respective jurisdiction, Tomar said.
The appropriate governments have been empowered to notify any employment in the schedule where the number of employees is 1,000 or more in a state and fix rates of minimum wages in respect to employees employed therein, he said. The minister said that presently there are 45 scheduled employments under central sphere and the workers employed in various mini cement plants and petroleum products outlets are not included in the scheduled employment of central spehere.
The rates of minimum wages fixed by central government are applicable to establishments under its authority, railways administration, mines, oilfields, major ports and corporations created under Acts of Parliament, he said. In the unskilled section of agriculture sector, rates of wages including Variable Dearness Allowance per day w.e.f April 1, 2014, are Rs 215, Rs 195 and Rs 193 in Area A, Area B and Area C respectively. Similarly for the highly skilled in the same sector, it is Rs 283, 262 and Rs 235 for Areas A, B and C respectively, he said.
Replying to another question, Tomar said that there are 56,90,636 beedi workers in the country as on July 31, 2014, in various states. Under various medical assistance given to the beedi workers for different diseases, 31,74,440 workers benefited from various health schemes in 2013-14. He said that there were 4,96,416 beneficiaries under educational schemes in 2013-14 while the number of beneficiaries under group insurance scheme in the same period was 7,02,320.
Source: Deccan Chronicle News
RESERVATION IN DEPARTMENTAL EXAMINATION - Q & A in Lok Sabha
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO 2841
ANSWERED ON 30.07.2014
2841 . Shri RAMDAS CHANDRABHANJI TADAS
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(b) if so, the details thereof;
(c) if not, the reasons therefor; and
(d) the steps being taken/proposed to be taken by the Government in this regard? ANSWER
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a): No, Madam.
(b): Does not arise in view of the reply to part (a) above.
RECRUITMENT OF GROUP C AND D POSTS - Q & A in Lok Sabha
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO 2844
ANSWERED ON 30.07.2014
2844 . Shri S.P. MUDDAHANUMEGOWDA
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) the policy for recruiting Group `C` and `D` employees;
(b) whether the Government proposes to recruit Group `C` and `D` candidates from the States concerned;
(c) if so, the details thereof; and
(d) if not, the reasons therefor?
ANSWER
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a): The recruitment to the Central Government posts is made as per the provisions of the Recruitment Rules of the post. The Central Government has constituted the Staff Selection Commission to make recruitment by competitive examinations as well as by selection to Group ‘C’ (non-technical) posts in the Central Ministries/Departments and their attached/subordinate offices, except those posts which are exempt from its purview. The recruitment to other non- gazetted posts including industrial employees is being made by the organizations concerned which have to conform to the provisions in the recruitment rules for the respective posts. Recruitment to non-gazetted post in Railway establishments is done through the respective Railway Recruitment Boards under the Ministry of Railways. The action regarding filling up of vacant posts and for new appointments is taken by the concerned Ministries/Departments of the Government of India. On implementation of recommendations of 6th CPC, all Group ‘D’ posts in Central Government stands upgraded to Group ‘C’ posts and there is no further recruitment in Group ‘D’.
(b): No, Madam.
(c) & (d): In view of (b) above, question does not arise. //copy//
OUTSOURCING OF JOBS - Q & A in Lok Sabha
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
STARRED QUESTION NO 304
ANSWERED ON 30.07.2014
304 . Prof. SAUGATA ROY
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether a large number of employees are reportedly working on contract basis and several jobs have been outsourced in various Ministries/ Departments of the Government of India;
(b) if so, the details of the existing policy/guidelines/rules which regulate contractual workers and outsourcing of jobs/services along with the number of such workers in various Ministries/ Departments;
(c) whether such policy/guidelines/rules provide for social security and other benefits to be given to workers on contract basis and those performing in outsourced jobs;
(d) whether the Government proposes to formulate any scheme for providing welfare measures and improving the service conditions of such workers; and
ANSWER
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a): The fundamental principles applicable to all Ministries/Departments regarding engagement of consultants and outsourcing of services are provided in General Financial Rules 2005. The Ministries/ Departments may hire external professionals, consultancy firms or consultants for a specific job which is well defined in terms of content and time frame for its completion or outsource certain services. A Ministry/Department may outsource certain services in the interest of economy and efficiency and it may describe detailed instructions for this purpose. As the respective Ministries/ Departments are empowered to outsource certain services on their own, no centralized data is maintained.
(b)&(c): Engagement of contract labourers is regulated under the Contract Labour (Regulation & Abolition) Act. The Central Government is the appropriate Government in respect of the establishments falling in central sphere. The interest of contract labourers in terms of wages and other service conditions are safeguarded under this Act. As far as the security in term of wages is concerned, as per Rule 25(2)
(v)(a) of the Contract Labour (Regulation & Abolition) Central Rules, 1971 , the wages of the contract labour shall not be less than the rates prescribed under Minimum Wages Act, 1948 and in cases where the contract workers perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays , hours of work and other conditions of service shall be the same as applicable to the workmen directly employed by the principal employer doing the same or similar kind of work. The liabilities to ensure payment of wages and other benefits is primarily that of the contractor and, in case of default, that of the principal employer.
The Social Security aspects of contract labourers under Employees Provident Fund and Miscellaneous Provision Act, 1952 and Employees state Insurance Act, 1948 are enforced by the Employees Provident Fund organization and Employees State Insurance Corporation respectively provided the establishments in which contract labourers are working are covered under the said Acts.
In the Central sphere, the Central Industrial Relations Machinery (CIRM) has been entrusted with the responsibility of enforcing the provisions of the Act and rules made thereunder. Aggrieved workers may raise their issues, if any, before the Appropriate Authority under Labour laws.
(d)&(e): The Social Welfare Schemes of the Government are also applicable to the Contract Labourers if they fulfil the conditions of the Scheme to be eligible for the benefits of a particular Scheme. However, the interests of Contract Workers are protected specifically under Contract Labour (Regulation & Abolition) Act, 1970.
Some of the prominent social welfare legislations are as follows:-
# Payment of Gratuity Act, 1972
# Employees’ Provident Fund & Misc. Provisions Act, 1952
# Employees’ Pension Scheme, 1995
# Employees’ State Insurance Act, 1948
# Minimum Wages Act, 1948
# Payment of Wages Act, 1936
# Maternity Benefit Act, 1961
# Equal Remuneration Act, 1976
# Payment of Bonus Act, 1965
# Workmen Compensation Act, 1923
# Mines Act, 1952 # Factories Act, 1948
# Industrial Dispute Act, 1947
# Contract labour (Regulation & Abolition) Act, 1970
Identification of Sensitive Posts in Central Government Department
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO 2921
ANSWERED ON 30.07.2014
IDENTIFICATION OF SENSITIVE POSTS
2921 . Shri SUSHIL KUMAR SINGH
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether the Chief Vigilance Commissioner (CVC) has issued instructions to all Chief Vigilance Officers regarding sensitive posts;
(b) if so, the details of guidelines/norms/ criteria laid down by CVC for identifying sensitive seats;
(c) the details of references received from Central Government under section 8(1)
(c) of CVC Act during the last three years indicating the present status of those references; and
(d) the details of complaints received against officials specified in sub-section 2 of section 8 of CVC Act together with investigations made into the complaints under section 8(1)
(d) of CVC Act?
ANSWER
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister ofState in the Prime Minister’s Office. (DR. JITENDRA SINGH)
(a) & (b): The Central Vigilance Commission and the Government have issued instructions for effecting rotational transfers of officials posted on sensitive posts in each organization which offer scope for corruption. As per Commission’s instructions issued vide letter Nos. 98/VGL/60 dated 15.04.1999, 02.11.2001 and 004/VGL/90 dated 01.05.2008, 04.01.2012 (for public sector banks) and 11.09.2013, it was prescribed that Ministries/Departments/Organizations and CVOs are to identify the sensitive posts and staff working in these posts and also ensure that they are strictly rotated after every two/three years to avoid developing vested interests.
Identification of sensitive posts and effecting rotational transfers are continuous processes, and the Commission has asked the CVOs of the organizations to ensure strict implementation of Commission’s guidelines.
(c) & (d): As per the functions and powers of the Central Vigilance Commission under Section 8 (1) (c) of the Act, the Commission shall inquire or cause an inquiry or investigation to be made on a reference made by the Central Government in respect of a public servant. Further, the Commission causes inquiry/investigation on complaints received by it under Section 8 (1) (d) of the CVC Act.
Complaints received are processed as per the Complaint Handling Policy of the Commission.Complaints received in the Commission are scrutinized and wherever specific and verifiable allegations of corruption/having vigilance angle are noticed, the complaint are forwarded to CVO/CBI for conducting investigation/inquiry into the matter and submission of report. Details of complaints received during the last three years and the advice tendered by the commission are annexed
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